Taiping Prison inquiry must mark a turning point for institutional reform and accountability

CSO Platform for Reform expresses its appreciation to the Malaysian human rights commission, Suhakam, for carrying out its independent oversight mandate as a national human rights institution in Malaysia.

For far too long, the management of places of detention have been a worrying spot in Malaysia as seen in the numerous cases of torture and deaths in custody and the many reports published of these grave incidents.

The recent Suhakam findings following its public inquiry into the incident at Taiping Prison on 17 January 2025 speaks boldly and loudly about the suspicions that many have had over the decades.

The inquiry’s conclusions point not to isolated misconduct, but to systemic institutional failures that demand urgent and comprehensive reform.

Suhakam’s findings of excessive violence, degrading treatment, medical negligence, falsification of records, failures of investigation and prolonged delays in accountability reveal serious breaches of constitutional guarantees under Articles 5 and 8 of the Federal Constitution.

The death of detainee Gan Chin Eng and the treatment of High Court detainees in custody underscore the profound consequences of weak oversight, poor governance and institutional impunity.

The inquiry makes clear that the violence and violations did not occur in a vacuum. Senior management failures, overcrowding, prolonged remand detention, inadequate healthcare, poor prison conditions, and deficiencies in inter-agency accountability collectively created an environment in which abuses could occur and remain insufficiently checked.

Malaysia must be on par with international standards of prison and detention centre management. We are far from it.

The present “Madani” (trustworthy) government’s reform-oriented commitment to democratic governance and the rule of law demands that these findings must serve as a catalyst for institutional change.

Public institutions entrusted with custodial powers must operate within a framework of legality, transparency, accountability and respect for human dignity.

The legitimacy of state institutions depends on public confidence that abuses of power will be investigated independently and addressed without fear or favour.

CSO Platform for Reform therefore calls on the government to respond decisively to Suhakam’s findings and recommendations.

First, there must be clear and definitive action taken against those mentioned of criminal wrongdoing. This must be done through a transparent, independent and expeditious investigation into all the allegations, including excessive force, destruction of evidence, falsification of records, and negligence contributing to death or injury.

Second, institutional reform within the prison system must be prioritised. This includes addressing overcrowding through alternatives to remand and incarceration, improving detainee healthcare and living conditions, strengthening staff training and operational safeguards, and ensuring independent oversight mechanisms.

These changes must also take into account the other detention facilities under the Immigration Department and the police.

Third, the government should accede to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and the implementation of international standards for the humane treatment of those deprived of liberty.

We note the government’s statement that Suhakam’s findings will be reviewed.

While this is necessary, a review alone is insufficient. The treatment of individuals in custody is a test of democratic governance and the rule of law.

Malaysia must demonstrate that no institution is beyond scrutiny and that human rights protections apply equally to all, including those deprived of liberty. – CSO Platform